5 Year Official Plan and Municipal Comprehensive Reviews: Final Assessment – Request To Convert Employment Lands

LOCATION
Address 672 Dupont Street Major Intersection Christie Street and Dupont Street Community Council / Ward Ward 19 – Trinity-Spadina

RECOMMENDATIONS
The City Planning Division recommends that: 1. Based on the criteria in the Growth Plan, the Provincial Policy Statement and the Official Plan policies, City Council: a. retain the lands north of Dupont Street between Kendal and Ossington Avenues that are within 30 metres of the abutting railway corridor as Employment Areas and designate them as General Employment Areas; b. retain the heritage building at 672 Dupont Street for employment uses and designate it as General Employment Areas; and c. with the exception of the heritage building at 672 Dupont Street, convert all the employment lands north of Dupont Street between Kendal and Ossington Avenues that are outside the 30 metre setback from the rail corridor and designate them as Regeneration Areas. 2. City Council delete and replace Site and Area Specific Policy No. 212 to require the creation of a Secondary Plan or a Site and Area Specific Policy (SASP) for the Dupont Street Corridor for that part of the lands which are designated as Regeneration Areas, to set out matters to be addressed during the process to create the Secondary Plan or SASP and to set out interim development criteria including a prohibition on development that includes residential uses until the study is complete and the Secondary Plan or SASP is in-force.

CONVERSION REQUEST DETAILS
Agent / Owner Weston Consulting (agent) / 1109345 Ontario Ltd. (owner)
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Request / Development Proposal Request by letter dated December 20, 2012 to convert the site to Mixed Use Areas.

POLICY AND AREA CONTEXT
Official Plan and Zoning The Official Plan designates the lands as Employment Areas (Section 4.6, Land Use Plan Map 18). The former City of Toronto Zoning Code zones the property as IC D2 N1 (Height 18m). New citywide Zoning By-law No. 569-2013 does not apply to these lands. The following land use designations and zoning categories surround the site: North: South: East: West: Utility Corridors / Transportation ('T') Neighbourhoods / Residential ('R') 2 Z0.6 (south side of Dupont Street), MCR T 2.5 C 1.0 R 2.0 (SW corner of Christie and Dupont Streets) Employment Areas / Industrial Commercial ('IC') D2 N1 Employment Areas / Industrial Commercial ('IC') D2 N1

Site and Surrounding Area The lands are approximately 7,686 square metres in area, and as of September, 2013 contain a 5-storey heritage listed, office building. As of September, 2013, the following uses surround the site: North: South: East: West: rail corridor; low scale residential (south side of Dupont Street); grocery retail (Loblaws); and auto Retail (Grand Touring Auto)

PLANNING RATIONALE SUMMARY
The existing supply of Employment Areas is sufficient to meet the 2031 Provincial employment forecasts in Toronto and it is anticipated that the City will meet the employment forecasts allocated to the municipality pursuant to the Growth Plan. It should be noted however that while no single conversion request would affect this outcome, multiple conversions could impact Toronto's ability to meet the Provincial employment forecast. The conversion site is currently occupied by a 5-storey building that was built in 1914 by the Ford Motor Company. Originally used to manufacture automobiles, the building was acquired by Planter's Peanuts, which used the building for its peanut production until 1987. Since that time the building was converted for office uses and was listed in the City
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of Toronto's Heritage Inventory in 1990. The subject lands northern boundary also abuts Canadian Pacific's North Toronto rail corridor, which is a major transportation route for freight including hazardous goods with up to 39 trains per day, each consisting of between 64-150 railcars travelling between 56-72 kilometres per hour. The City does not need to convert any employment designated lands to meet the population forecasts as provided by the Growth Plan. Since the site abuts the rail corridor, it is City Planning staffs' opinion that permitting sensitive uses, including residential uses within 30 metres of a major rail corridor would not be appropriate or compatible given the safety, noise and vibration issues associated with a major freight line. As such it is recommended that the conversion request be refused for portions of the lands that are within 30 metres of the rail corridor and be designated as General Employment Areas. It is also recommended that the existing 5-storey listed building also be retained for employment uses and be designated as General Employment Areas given the need for office space in the City and the heritage status of the structure. Although it is not recommended that lands within 30 metres of the rail corridor be converted to permit sensitive land uses, it is desirable to convert portions of the site that are outside the 30 metre rail corridor setback requirement to Regeneration Areas. This is required to address broader planning and city building issues associated with the future redevelopment and revitalization of the northern frontage along Dupont Street and improvements to the public realm and streetscaping on both the north and south sides between Kendal and Ossington Avenues as described below. At the November 2012 meeting of the Planning and Growth Management Committee, City Planning staff were directed to undertake a review of the Dupont Street corridor from Davenport to Dovercourt Roads and report back to PGM regarding the following: Consider converting the lands along the northern side from the proposed employment designation to Regeneration Areas; and Measures, such as urban design guidelines, intended to improve the streetscaping, public realm and overall appearance of Dupont Street. The motion (City Council Decision Item 7) can be found at this link: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2012.PG19.5 In response to this direction, staff from City Planning and Economic Development determined that there were a number of lots between Kendal and Ossington Avenues that had depths greater than 30 metres that could potentially accommodate setbacks required for streetscape improvements. Additionally, there is also the potential opportunity to achieve the policy objectives of protecting employment lands, ensuring adequate buffering to the rail corridor and providing sufficient transition to the low scale residential dwellings located along the southern frontage of Dupont Street. City Planning staff also considered two current in-force Site and Area Specific Policies. The first, Site and Area Specific Policy No. 163 applies to 918 Palmerston Avenue and "grandparents" residential uses within a building that is within the 30 metre rail corridor setback requirement. The second, Site and Area Specific Policy No 212, permits
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residential uses provided they are no more than 3.0 FSI and not within the 30 metre setback zone along the northern frontage of Dupont Street between Bathurst and Christie Streets. Both policies pre-date amalgamation and were incorporated into the Official Plan in 2002. After due consideration, City Planning staff have concluded that further study that includes input from the community and area businesses is warranted for this stretch of the Dupont corridor. The ultimate result of this process would be the creation and enactment of a Secondary Plan or SASP between Kendal and Ossington Avenues, which would establish the policy framework that would achieve among other policy and city building goals; the preservation of employment lands, ensuring adequate buffering and protection to the adjoining rail corridor and guide the streetscape and public realm revitalization of Dupont Street. It is City Planning staff's opinion that the best way to achieve these multiple policy objectives is to redesignate the northern frontage outside the 30 metre rail corridor setback requirement to Regeneration Areas. Section 4.7 of the Official Plan requires that for every Regeneration Area, a Secondary Plan or SASP setting out the framework for development and revitalization be created. Urban design guidelines and greening strategies are among the matters that are to be developed as part of the process. Additional matters that need to be addressed along the corridor include among other issues ensuring accessibility to the employment designated lands within adjacent to the rail corridor is maintained, interim development criteria, rail safety measures and policies to ensure there is a net gain of employment space. It is also proposed that until the Secondary Plan or SASP process is complete, that residential and/or other sensitive uses not be permitted within the study area. All of the above issues have been addressed in the recommended Site and Area Specific Policy. It is also recommended that to maintain space for employment uses in the area and ensure sensitive uses are not introduced within close proximity of the rail corridor, that all lands within the 30 metre railway corridor setback requirement be maintained for employment uses and be designated as General Employment Areas. Additional uses such as parking, roads and utilities and rail safety measures are also proposed. These additional uses have also been included within the recommended Site and Area Specific Policy. Although the study area is just north of a residential neighbourhood with community infrastructure available, the proposed Secondary Plan or SASP process will develop a community services strategy as required under the Regeneration Areas policies of Section 4.7 of the Official Plan. Conclusion It is staff's opinion that there is no need for the requested conversion at 672 Dupont Street to meet the City's population forecasts as provided by the Growth Plan. The site is located along the northern edge of Dupont Street and abuts a major rail corridor to the north. In addition to protecting employment lands and preserving space for economic uses along Dupont Street there is an opportunity to achieve additional policy goals such
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as improving the streetscape and public realm along the Dupont corridor. It is recommended that City Council retain lands that are within 30 metres of the rail corridor for employment uses and designate them as General Employment Areas. It is also recommended that the current heritage building located at 672 Dupont Street also be designated General Employment Areas. It is further recommended that with the exception of the above noted heritage building at 672 Dupont Street, City Council designate lands that are outside the 30 metre setback zone along the Dupont corridor between Kendal and Ossington Avenues as Regeneration Areas. It is also recommended that a Site and Area Specific Policy be introduced for the lands that sets out the requirement for a Secondary Plan or SASP and that certain matters in addition to those set out in Section 4.7 of the Official Plan be considered during the study process. The recommended Official Plan amendment is shown below. Recommended Official Plan Amendment – Dupont Street, between Kendal Avenue and Ossington Avenue Chapter 7, Site and Area Specific Policies, is amended by deleting Site and Area Specific Policy No. 212 and replacing it with the following for the lands shown on the attached map. "212. Dupont Street Corridor 1) A Secondary Plan or Site and Area Specific Policy (SASP) to guide the revitalization of Dupont Street between Kendal and Ossington Avenues will be enacted for lands that are located 30 metres south from the Toronto North Subdivision rail corridor and are designated Regeneration Areas on Map 17 of the Official Plan. In addition to the matters identified in Policy 2 of Section 4.7 of the Official Plan, the area study leading to the Secondary Plan or SASP will: a) Apply the mid-rise guidelines for development and provide appropriate scale transition to the low scale residential uses along the southern frontage of Dupont Street and to the lands designated General Employment Areas to the rear as well as consider possible impacts on any low scale residential uses located north of the rail corridor; Explore the use of a Development Permit system within the lands along the northern frontage of Dupont Street; Assess and where appropriate establish maximum limits on the size of retail developments and floor plates within the study area; Identify transportation and transit options and policies for the Dupont corridor; 95

b)

c)

d)

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Assess the feasibility of locations for mixed use development. Any mixed use development that proposes to introduce sensitive and/or non-employment uses shall only occur on sites that can accommodate the appropriate buffering and/or rail safety measures as may be required along with any required set-backs from Dupont Street in order to accommodate streetscaping initiatives; Ensure there is a net gain in employment floor space for any developments that include residential units; Identify and enact any required polices and/or measures to ensure appropriate access from Dupont Street to the lands designated General Employment Areas is maintained; Identify appropriate rail corridor buffering measures to the satisfaction of the relevant railway authorities; Identify potential locations for additional pathways and pedestrian links between the low scale residential uses to the south and the employment and rail corridor to the north within the study area; Identify the appropriate location for new parks, open space and green corridors including exploring the opportunity of locating a greenway recreational path along the southern edge of the abutting rail corridor; Identify strategies to enhance the public realm and streetscaping on both the north and south side of Dupont Street within the Secondary Plan or SASP area; Explore and identify measures to improve the overall business environment of the area; and

f)

g)

h)

i)

j)

k)

l)

m) Bring forward an enacting zoning by-law or development permit system for the study area. 2) Until the study is completed and the Secondary Plan or SASP is in force, development that includes residential and/or other sensitive uses is not permitted. Uses provided for in General Employment Areas that are compatible with nearby residential uses are permitted on all sites and lands along the northern side of Dupont Street between Kendal and Ossington Avenues. Additional uses are permitted in the General Employment Areas designated lands within the 30 m rail corridor setback zone as follows:

3)

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a)

Parking that supports the employment uses of the area either at grade or in a structure; Roads and utilities; and Rail safety measures (i.e.: berms, crash walls etc.).

b) c) 4)

Until the Secondary Plan or SASP is in force, any proposals for employment use development will: a) Provide appropriate buffering and rail safety measures as required to the satisfaction of the appropriate rail authorities and the City; Be sufficiently set-back from Dupont Street to accommodate streetscaping improvements and initiatives; and Contribute to streetscaping improvements along both the north and south sides of Dupont Street.

b) c)

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5 Year Official Plan and Municipal Comprehensive Reviews: Final Assessment – Request To Convert Employment Lands

LOCATION
Address 840 & 860 Dupont Street Major Intersection Dupont Street and Ossington Avenue Community Council / Ward Ward 19 – Trinity-Spadina

RECOMMENDATIONS
The City Planning Division recommends that: 1. Based on the criteria in the Growth Plan, the Provincial Policy Statement and the Official Plan policies, City Council: a. retain the lands north of Dupont Street between Kendal and Ossington Avenues that are within 30 metres of the abutting railway corridor as Employment Areas and designate them as General Employment Areas; b. retain the heritage building at 672 Dupont Street for employment uses and designate it as General Employment Areas; and c. with the exception of the heritage building at 672 Dupont Street, convert all the employment lands north of Dupont Street between Kendal and Ossington Avenues that are outside the 30 metre setback from the rail corridor and designate them as Regeneration Areas. 2. City Council delete and replace Site and Area Specific Policy No. 212 to require the creation of a Secondary Plan or a Site and Area Specific Policy (SASP) for the Dupont Street Corridor for that part of the lands which are designated as Regeneration Areas, to set out matters to be addressed during the process to create the Secondary Plan or SASP and to set out interim development criteria including a prohibition on development that includes residential uses until the study is complete and the Secondary Plan or SASP is in-force.

CONVERSION REQUEST DETAILS
Agent / Owner Tony Volpentesta, Bousfields (agent) / Sobeys Capital Inc. (owner)
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Request / Development Proposal Request by letter dated October 23, 2012 to convert the lands to Mixed Use Areas to allow a mixed-use development including residential uses. Application File No. and Status Application No. 13 203675 STE 19 OZ Official Plan and Rezoning Application was submitted on July 12, 2013 and is under review.

POLICY AND AREA CONTEXT
Official Plan and Zoning The Official Plan designates the lands as Employment Areas (Section 4.6, Land Use Plan Map 18). The former City of Toronto Zoning Code zones the property as IC D2 N1 (Height 18m). New citywide Zoning By-law No. 569-2013 does not apply to these lands. The following land use designations and zoning categories surround the site: North: Utility Corridors / Transportation ('T') South: Neighbourhoods / Residential ('R') 2 Z0.6 (south side of Dupont Street) East: Employment Areas / Industrial Commercial ('IC') D2 N1 West: Employment Areas / Industrial Commercial ('IC') D2 N1 Site and Surrounding Area The lands are approximately 10,792 square metres in area, and as of September, 2013 contain a 1-storey grocery store and gas bar. As of September, 2013, the following uses surround the site: North: rail corridor; South: low scale residential (south side of Dupont Street); East: retail (New Canadian Lumber); and West: illegal residential uses.

PLANNING RATIONALE SUMMARY
The existing supply of Employment Areas is sufficient to meet the 2031 Provincial employment forecasts in Toronto and it is anticipated that the City will meet the employment forecasts allocated to the municipality pursuant to the Growth Plan. It should be noted however that while no single conversion request would affect this outcome, multiple conversions could impact Toronto's ability to meet the Provincial employment forecast. The conversion site is currently occupied by a single storey grocery store located to the rear of the property. A gas bar is also located closer to the Dupont Street frontage. The subject lands northern boundary also abuts Canadian Pacific's North Toronto rail
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corridor, which is a major transportation route for freight including hazardous goods with up to 39 trains per day, each consisting of between 64-150 railcars travelling between 5672 kilometres per hour. The City does not need to convert any employment designated lands to meet the population forecasts as provided by the Growth Plan. Since the site abuts the rail corridor, it is City Planning staffs' opinion that permitting sensitive uses, including residential uses within 30 metres of a major rail corridor would not be appropriate or compatible given the safety, noise and vibration issues associated with a major freight line. As such it is recommended that the conversion request be refused for portions of the subject lands that are within 30 metres of the rail corridor and be designated as General Employment Areas. Although it is not recommended that lands within 30 metres of the rail corridor be converted to permit sensitive land uses, it is desirable to convert portions of the site that are outside the 30 metre rail corridor setback requirement to Regeneration Areas. This is required to address broader planning and city building issues associated with the future redevelopment and revitalization of the northern frontage along Dupont Street and improvements to the public realm and streetscaping on both the north and south sides between Kendal and Ossington Avenues as described below. At the November 2012 meeting of the Planning and Growth Management Committee, City Planning staff were directed to undertake a review of the Dupont Street corridor from Davenport to Dovercourt Roads and report back to PGM regarding the following: Consider converting the lands along the northern side from the proposed employment designation to Regeneration Areas; and Measures, such as urban design guidelines, intended to improve the streetscaping, public realm and overall appearance of Dupont Street. The motion (City Council Decision Item 7) can be found at this link: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2012.PG19.5 In response to this direction, staff from City Planning and Economic Development determined that there were a number of lots between Kendal and Ossington Avenues that had depths greater than 30 metres that could potentially accommodate setbacks required for streetscape improvements. Additionally there is also the potential opportunity to achieve the policy objectives of protecting employment lands, ensuring adequate buffering to the rail corridor and providing sufficient transition to the low scale residential dwellings located along the southern frontage of Dupont Street. City Planning staff also considered two current in-force Site and Area Specific Policies. The first, Site and Area Specific Policy No. 163 applies to 918 Palmerston Avenue and "grandparents" residential uses within a building that is within the 30 metre rail corridor setback requirement. The second Site and Area Specific Policy No 212, permits residential uses provided it's no more than 3.0 FSI and not within the 30 metre setback
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zone along the northern frontage of Dupont Street between Bathurst and Christie Streets. Both policies pre-date amalgamation and were incorporated into the Official Plan in 2002. After due consideration, City Planning staff have concluded that further study that includes input from the community and area businesses is warranted for this stretch of the Dupont corridor. The ultimate result of this process would be the creation and enactment of a Secondary Plan or Site and Area Specific Policy (SASP) between Kendal and Ossington Avenues, which would establish the policy framework that would achieve among other policy and city building goals; the preservation of employment lands, ensuring adequate buffering and protection to the adjoining rail corridor and guide the streetscape and public realm revitalization of Dupont Street. It is City Planning staff's opinion that the best way to achieve these multiple policy objectives is to redesignate the northern frontage outside the 30 metre rail corridor setback requirement to Regeneration Areas. Section 4.7 of the Official Plan requires that for every Regeneration Area, a Secondary Plan setting out the framework for development and revitalization be created. Urban design guidelines and greening strategies are among the matters that are to be developed as part of the process. Additional matters that need to be addressed along the corridor include among other issues ensuring accessibility to the employment designated lands within adjacent to the rail corridor is maintained, interim development criteria, rail safety measures and policies to ensure there is a net gain of employment space. It is also proposed that until the study is complete and the Secondary Plan or SASP is in-force, residential and/or other sensitive uses not be permitted within the study area. All of the above issues have been addressed in the recommended Site and Area Specific Policy. It is also recommended that to maintain space for employment uses in the area and ensure sensitive uses are not introduced within close proximity of the rail corridor that all lands within the 30 metre railway corridor setback requirement be maintained for employment uses and be designated as General Employment Areas. Additional uses such as parking, roads and utilities and rail safety measures are also proposed. These additional uses have also been included within the recommended Site and Area Specific Policy. Although the study area is just north of a residential neighbourhood with community infrastructure available, the proposed Secondary Plan process will develop a community services strategy as required under the Regeneration Areas policies of Section 4.7 of the Official Plan. Conclusion It is staff's opinion that there is no need for the requested conversion at 840 and 860 Dupont Street to meet the City's population forecasts as provided by the Growth Plan. The site is located along the northern edge of Dupont Street and abuts a major rail corridor to the north. In addition to protecting employment lands and preserving space for economic uses along Dupont Street there is an opportunity to achieve additional policy goals such as improving the streetscape and public realm along the Dupont
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corridor. It is recommended that City Council retain lands that are within 30 metres of the rail corridor for employment uses and designate them as General Employment Areas. It is also recommended that City Council designate lands that are outside the 30 metre setback zone along the Dupont corridor between Kendal and Ossington Avenues as Regeneration Areas. It is also recommended that a Site and Area Specific Policy be introduced that sets out the requirement for a Secondary Plan or SASP and that certain matters in addition to those set out in Section 4.7 of the Official Plan be considered during the study process. The recommended Official Plan amendment is shown below. Recommended Official Plan Amendment – Dupont Street, between Kendal Avenue and Ossington Avenue Chapter 7, Site and Area Specific Policies, is amended by deleting Site and Area Specific Policy No. 212 and replacing it with the following for the lands shown on the attached map. "212. Dupont Street Corridor 1) A Secondary Plan or Site and Area Specific Policy (SASP) to guide the revitalization of Dupont Street between Kendal and Ossington Avenues will be enacted for lands that are located 30 metres south from the Toronto North Subdivision rail corridor and are designated Regeneration Areas on Map 17 of the Official Plan. In addition to the matters identified in Policy 2 of Section 4.7 of the Official Plan, the area study leading to the Secondary Plan or SASP will: a) Apply the mid-rise guidelines for development and provide appropriate scale transition to the low scale residential uses along the southern frontage of Dupont Street and to the lands designated General Employment Areas to the rear as well as consider possible impacts on any low scale residential uses located north of the rail corridor; Explore the use of a Development Permit system within the lands along the northern frontage of Dupont Street; Assess and where appropriate establish maximum limits on the size of retail developments and floor plates within the study area; Identify transportation and transit options and policies for the Dupont corridor; Assess the feasibility of locations for mixed use development. Any mixed use development that proposes to introduce sensitive and/or non-employment uses shall only occur on sites that can accommodate the appropriate buffering and/or rail safety measures as may be

b)

c)

d)

e)

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required along with any required set-backs from Dupont Street in order to accommodate streetscaping initiatives; f) Ensure there is a net gain in employment floor space for any developments that include residential units; Identify and enact any required polices and/or measures to ensure appropriate access from Dupont Street to the lands designated General Employment Areas is maintained; Identify appropriate rail corridor buffering measures to the satisfaction of the relevant railway authorities; Identify potential locations for additional pathways and pedestrian links between the low scale residential uses to the south and the employment and rail corridor to the north within the study area; Identify the appropriate location for new parks, open space and green corridors including exploring the opportunity of locating a greenway recreational path along the southern edge of the abutting rail corridor; Identify strategies to enhance the public realm and streetscaping on both the north and south side of Dupont Street within the Secondary Plan or SASP area; Explore and identify measures to improve the overall business environment of the area; and

g)

h)

i)

j)

k)

l)

m) Bring forward an enacting zoning by-law or development permit system for the study area. 2) Until the study is completed and the Secondary Plan or SASP is in force, development that includes residential and/or other sensitive uses is not permitted. Uses provided for in General Employment Areas that are compatible with nearby residential uses are permitted on all sites and lands along the northern side of Dupont Street between Kendal and Ossington Avenues. Additional uses are permitted in the General Employment Areas designated lands within the 30 m rail corridor setback zone as follows: a) Parking that supports the employment uses of the area either at grade or in a structure; Roads and utilities; and Rail safety measures (i.e.: berms, crash walls etc.). 105

3)

b) c)

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Until the Secondary Plan or SASP is in force, any proposals for employment use development will: a) Provide appropriate buffering and rail safety measures as required to the satisfaction of the appropriate rail authorities and the City; Be sufficiently set-back from Dupont Street to accommodate streetscaping improvements and initiatives; and Contribute to streetscaping improvements along both the north and south sides of Dupont Street.

b) c)

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